TERMS & CONDITIONS
BOOMBOX Boxing Club Terms & Conditions
Effective as of February 21, 2024
Please read the following terms and conditions (“Terms”) carefully before using any of the services offered by Boombox Fitboxing LLC, its employees, instructors, or other agents (“BOOMBOX”) including, without limitation, exercise classes, workshops, and personal training sessions at BOOMBOX premises (“BOOMBOX Services”). These Terms set forth the legally binding terms for your use of BOOMBOX Services. Your continued use and consumption of BOOMBOX Services implies your agreement to be bound by the Terms as set forth herein, and as modified from time to time. If you wish to become a BOOMBOX customer or client, you must accept BOOMBOX Terms. Your access to BOOMBOX Services and premises may be revoked at any time upon your failure to agree and comply with all applicable laws and with these Terms. If you do not agree with these Terms, you must discontinue your use of all BOOMBOX Services.
LIMITATION OF LIABILITY
When using BOOMBOX Services you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are unavoidable risks and dangers inherent in a physical exercise workout program. You acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that BOOMBOX strongly recommend that you consult with a physician prior to commencing any exercise class or regime. By using BOOMBOX Services, our website, or mobile application, you acknowledge that you have been informed of the strenuous nature of BOOMBOX exercise programs and the possibility of physical injury including, but not limited to: abnormal blood pressure, fainting, heart attack, or death. A parent or guardian must sign a waiver on behalf of a minor before the minor shall be permitted to participate in any BOOMBOX Services. A minor must be at least 16 years of age to participate in class. You and any minor under your supervision assume all risk for your health and well-being and, to the maximum extent allowed by law, release and hold harmless BOOMBOX from liability for any bodily harm you may suffer while using BOOMBOX Services. You further agree to indemnify, to the maximum extent allowed by law, BOOMBOX for damage caused by you on BOOMBOX premises.
INFORMATION GATHERING
BOOMBOX websites and mobile device applications automatically collect anonymous non-identifying information from users. This information helps BOOMBOX to provide an ideal customer experience. The information collected is used internally by BOOMBOX only and shall not be offered to third parties without your prior consent.
DATA SECURITY MEASURES
BOOMBOX takes cybersecurity very seriously and makes every effort to ensure industry standards of security for all transactions facilitated by BOOMBOX websites and mobile device applications. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain, and we restrict access to such information to our personnel on a need-to-know basis only. However, you acknowledge that no security system can prevent all potential security breaches.
CLASSES, MEMBERSHIPS, & CANCELLATIONS
You may participate in BOOMBOX classes by purchasing (i) an Individual Class, (ii) a Class Pack or (iii) a monthly membership.
Individual Class. Individual BOOMBOX Classes are non-refundable.
Class Pack. BOOMBOX Classes may be purchased in multi-credit packages. Class Packs are non-refundable.
MONTHLY MEMBERSHIPS
We require at least 30 days notice (prior to your final billing date) to cancel a monthly membership. Submit this request via email to info@boombox-boxing.com. Please note, unused class credits do not roll-over from month to month.
AUTOMATIC BILLING & RENEWAL
Monthly membership dues will be billed automatically until such time as BOOMBOX has received a cancellation in accordance with these terms.
CLASS CANCELLATIONS
We enforce a strict 12-hour cancellation policy. You will forfeit a class credit if you cancel a reservation less than 12 hours before the scheduled start time (or fail to attend a reserved class). In the case of an Unlimited Monthly Membership, failure to show up for class or cancelling a reservation less than 12 hours before the scheduled start time will result in a $15 penalty. You will be considered absent after the start of the class and will not be permitted to enter at such time.
RESERVATIONS
We enforce a strict late entry policy. You will not be permitted into the studio after the class start time. The entry door will be locked at class start time. If you are not physically present 5 minutes prior to the start of your scheduled class, or your spot may be given to a waitlisted client.
WAITLIST
You may join a waitlist for fully booked classes. If space becomes available, you will be automatically booked into the class for which you have asked to be waitlisted up to 3 hours before the scheduled class time. You will be notified by e-mail if you are automatically added to a class. If you are added to a class from the waitlist, you will be subject to our 12-hour class cancellation and no show policies.
RETAIL SALES
Unwashed, unworn, and ticketed retail purchases can be returned with receipt (or proof of purchase) within 7 days of purchase for an exchange or BOOMBOX store credit only. All retail sales of gloves, hand wraps, water bottles, and certain other merchandise are not returnable or exchangeable.
ONSITE RULES AND REGULATIONS
Your safety and physical well-being are of primary concern at BOOMBOX. Accordingly, it may become necessary for BOOMBOX suddenly to modify its services, procedures, and operational rules in response to unforeseen circumstances such as, for example, protocols and guidelines recommended and imposed by legal and public health officials. In doing so, BOOMBOX will endeavor to mitigate any short-term or long-term inconveniences visited upon you. It is mandatory for all participants to use gloves, wraps and athletic footwear, without which you may be refused entry into a class. You will not be refunded for a class you miss under these circumstances. You agree that BOOMBOX is not responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
SPECIAL EVENTS
BOOMBOX may from time to time reserve the use of its facilities for special events, competitions, and private functions.
PHOTOGRAPHY & VIDEO
You understand that BOOMBOX may take pictures and videos within its premises for use in published media. You acknowledge that such imagery shall be the intellectual property of BOOMBOX exclusively, for which no compensation shall be owed to individuals whose likeness may appear in them. BOOMBOX shall have the right, in its sole discretion, to use, edit, copy, publish, or exhibit any photo or video for any lawful purpose such as on our website and social media platforms. When entering BOOMBOX premises, it is your responsibility to ask staff on site if any photography or videography has been scheduled, and to make known your desire to be excluded.
INDEPENDENT CONTRACTORS
From time to time, BOOMBOX may make the services of independent contractors available to its customers. BOOMBOX does not warrant or guarantee the quality of these services.
TERM
These Terms, as amended from time to time, shall remain in full force and effect throughout your use of BOOMBOX Services.
FEES
BOOMBOX reserves the right to adjust its fees as it deems necessary. If we terminate your membership because you have breached any terms and conditions applicable to you, you may not be entitled to a refund of any unused portion of membership or other fees.
ENTIRE AGREEMENT; NO WAIVER; GOVERNING LAW
These Terms, together with our Privacy Policy and any other notices published by us, shall constitute the entire agreement between you and BOOMBOX. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the BOOMBOX Services following any amendment of these Terms will signify your assent to and acceptance of the terms and conditions in force at that time. This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the District of Columbia, without giving effect to any conflicts of laws principles.
CONSENT TO BINDING ARBITRATION
All disputes and controversies between the parties hereto arising out of or in connection with these Terms your dealings with BOOMBOX shall be submitted exclusively to arbitration pursuant to the following procedure. Either party may, by written notice to the other within thirty (30) days after the controversy has arisen hereunder, appoint an arbitrator who shall be an attorney. The other party shall, by written notice, within fifteen (15) days after receipt of such notice by the first party, appoint a second arbitrator who shall also be an attorney, and in default of such second appointment the first party shall apply to the Superior Court for the District of Columbia, to appoint the second arbitrator pursuant to the relevant provisions of District of Columbia law. When two arbitrators have been appointed as hereinabove provided, they shall agree on a third arbitrator and shall appoint such third arbitrator by written notice signed by both of them and a copy mailed to each party hereto within fifteen (15) days after such appointment. On appointment of three arbitrators as hereinabove provided, such arbitrators shall hold an arbitration hearing within thirty (30) days after such appointment. At the hearing the three arbitrators shall allow each party to present such party's case, evidence, and witnesses, if any, in the presence of the other
party, and shall render their award, including a provision for payment of costs and expenses of arbitration to be paid by one or both of the parties hereto, as the arbitrators deem just. The decision of the majority of the arbitrators shall be binding on the parties hereto (although each party shall retain such party's right to appeal any questions of law arising at the hearing), and judgment may be entered thereon in any court having jurisdiction.
CONTACT
If you have any questions about BOOMBOX or its terms, conditions, or practices, please contact us at info@boombox-boxing.com